Jack Smith’s Chilling Attack on Ted Cruz

Former Special Counsel Jack Smith has been exposed for targeting Senator Ted Cruz (in addition to other Republican Members of Congress) during the Biden DOJ’s so-called “Arctic Frost” January 6 investigation. However, in a surprising show of corporate principles, AT&T refused to turn over Cruz’s phone records despite a subpoena.

Why is the Deep State targeting conservative lawmakers? Is it somehow connected to the political prosecution of President Donald Trump and his supporters?

As reported:

Sen. Ted Cruz has been added to the list of Congress members whose phone records were subpoenaed as part of former special counsel Jack Smith’s probes into President Donald Trump and the Jan. 6, 2021, protests at the Capitol.

The records were ultimately not analyzed, as AT&T, his service provider, did not comply with Smith’s subpoena, reported Axios on Monday, after obtaining a copy of the demand.

Smith’s subpoena requested records associated with Cruz’s cellphone from Jan. 4-7, 2021.

“Arctic Frost was the Biden administration’s 21st-century digital Watergate,” the Texas Republican said in a statement about the subpoena. “They weaponized the DOJ and FBI to try to access records on me, President Trump, and other political opponents of the Democrat Party,” he added.

“It was intentional, targeted political spying that likely went to the very highest levels of the administration — demonstrating utter contempt for the Constitution and separation of powers — and there should be the broadest possible investigations and accountability,” said the senator.

Other conservative Republican Members of Congress whose phone records were reportedly subpoenaed included Senators Marsha Blackburn (TN), Bill Hagerty (TN), Josh Hawley (MO), Lindsey Graham (SC), Ron Johnson (WI), Tommy Tuberville (AL), Cynthia Lummis (WY), and Dan Sullivan (AK), as well as Rep. Mike Kelly (PA-16).

When I first heard that Smith had gone after Ted Cruz’s phone records, I had to wonder if this guy ever takes a day off from targeting conservatives. But here we are again, and this time, there’s a twist worth paying attention to – because for once, Big Tech didn’t roll over. AT&T actually told the Special Counsel no. They refused to comply with a subpoena demanding Senator Cruz’s private phone data – calls, texts, even voicemails – from the days surrounding January 6.

For all the talk about “protecting democracy,” we now know the Special Counsel’s office was trying to quietly scoop up data of nine sitting U.S. Senators and a Member of Congress. If that doesn’t sound like government overreach, I don’t know what does.

Let’s be clear – when a company refuses a federal subpoena, they’re taking a real risk. They could face contempt charges, heavy fines, even sanctions. But AT&T’s legal team apparently looked at the demand and knew something wasn’t right. They called Jack Smith’s bluff – and he folded.

That decision matters more than most people realize. Because it means the subpoena itself probably wouldn’t have held up in court. If it had, Smith’s team could’ve forced compliance. Instead, they quietly dropped it. It also means any other telecom companies that did comply now look like they caved out of fear. And who can blame them? When the DOJ comes knocking, most corporations figure it’s safer to hand over the data and keep their name out of the headlines.

I believe in accountability. But this isn’t about accountability. It’s about control – about weaponizing investigations to silence one side of the political spectrum.

One of the most striking implications is how this represents an attack by one branch of government (the Executive branch via the DOJ) on a co-equal branch (Congress). That’s not okay. Congress isn’t a subordinate agency of the DOJ. Senators don’t report to Jack Smith. When prosecutors start combing through lawmakers’ private communications, they’ve crossed a constitutional line.

And it’s not just the politicians who should be concerned. If the government can target sitting Senators, what’s to stop it from targeting ordinary citizens? We’ve already seen this movie play out – during the Russia hoax and collusion on censorship between the Biden White House and social media companies. It’s the same pattern: Spy first, justify later.

And while I’m not usually one to applaud corporate America, in this case, AT&T deserves credit for taking a stand for privacy – and frankly, for the principle that no branch of government gets to secretly surveil another. It’s the kind of stand we rarely see anymore – one that says, “You don’t get to trample on our customers’ rights just because you wear a badge.” If more institutions called out government overreach, maybe we wouldn’t be living in an era where investigating political enemies has become business as usual.

What we’re watching play out – from secret subpoenas to shutdown hypocrisy – is a culture of arrogance, of people who’ve forgotten they work for us, not the other way around.

AT&T, whether by moral conviction or sheer legal caution, drew a line in the sand. Maybe it’s time the rest of us – citizens, churches, communities – did the same. The Deep State does not stop unless it gets its hand slapped. If it’s allowed to get away with something, it will keep going.

Government overreach doesn’t stop until ordinary people start saying no. Because the next time it starts going through phone records, it might not just be Ted Cruz’s phone but all of ours.

Today’s Sekulow broadcast included more discussion of this shocking revelation that Jack Smith subpoenaed the phone records of Senator Cruz. We also spoke to Ric Grenell, U.S. Special Presidential Envoy for Special Missions, to discuss the ongoing government shutdown.

Watch the full broadcast below: